8.  The applicant was born in 1957 and lives in Bismil. The application concerns the disappearance of the applicant’s son, Mehmet Şah Şeker, who was 23 years old at the time of the events giving rise to the application. The facts surrounding the disappearance of the applicant’s son are disputed between the parties.
9.  On 9 October 1999 at around 6 p.m. the applicant’s son, Mehmet Şah Şeker, left his workplace in Bismil, where he was working as a plumber, to return home. The journey on foot usually took around ten minutes. However, he never arrived home. The route took Mehmet Şah Şeker through a central part of town, past the police headquarters, the Council building, the Governor’s residence and other Government buildings.
10.  On 12 October 1999 the applicant was informed by two people that they had seen four persons forcing someone into a white car on or around 9 October 1999. He believed that the latter was his son.
11.  Between 11 October 1999 and 5 November 1999 the applicant filed numerous petitions with the public prosecutor’s offices in Bismil, in Diyarbakır, at the Diyarbakır State Security Court, the governor’s office of the state of emergency region and the regional gendarme command in Diyarbakır, the Human Rights Commission of the Turkish Grand National Assembly and the Ministry of the Interior. He requested that the authorities carry out an investigation into the disappearance of Mehmet Şah Şeker and that he be informed of his son’s whereabouts.
12.  In 2000 the public prosecutor at the Diyarbakır State Security Court contacted the applicant and requested him to give a blood sample in order to compare his DNA with that of corpses found in houses of Hizbullah members. The applicant did so on 21 February 2000.
13.  On 14 October 2004 he was informed by the Diyarbakır public prosecutor that a DNA analysis could not be carried out as there was insufficient DNA in the bones of the corpses.
14.  In March 2005 one of the applicant’s legal advisers informed the applicant that he had seen a copy of the university identity card of Mehmet Şah Şeker in the file of the case brought against the leaders of the Hizbullah before the Diyarbakır State Security Court. The applicant subsequently requested the public prosecutor at the Diyarbakır State Security Court to provide him with this document. The public prosecutor however was unable to find it in the case file.
15.  On 11 October 1999, after having received the applicant’s petition, the Bismil public prosecutor requested the Bismil Security Directorate to examine the allegations.
16.  Following this request, two police officers from the Bismil Security Directorate took statements from the applicant, the employer and two colleagues of Mehmet Şah Şeker.
17.  On 20 October 1999 the Diyarbakır public prosecutor initiated an investigation following the receipt of the applicant’s petition. The public prosecutor took statements from the applicant concerning the disappearance of his son. He also contacted the Diyarbakır Security Directorate and requested an investigation into the disappearance.
18.  On different dates in 1999 and 2000, the Security Directorates in Bismil and Diyarbakır informed the public prosecutor’s office that Mehmet Şah Şeker had not been taken into custody and that the search was continuing.
19. On 7 July 2000 the Diyarbakır public prosecutor declined jurisdiction ratione loci, holding that the events in question occurred in Bismil, and sent the case file to the Bismil public prosecutor’s office.
20.  Until February 2002 little attempt was made by the security forces to obtain evidence in respect of the alleged abduction. In particular, the authorities took no steps on their own initiative to identify possible witnesses. Nor did they obtain statements from the persons who were in police custody at the time of the disappearance of the applicant’s son.
21.  On 15 February 2002 the International Law and Foreign Relations Directorate of the Ministry of Justice requested the public prosecutor’s office in Bismil to conduct an effective investigation into the disappearance of Mehmet Şah Şeker.
22. Following this request, the Bismil and Diyarbakır public prosecutors examined the custody records and took statements from the applicant, as well as from those who had been in custody at the Security Directorates in Diyarbakır and Bismil.
23.  The investigation into Mehmet Şah Şeker’s disappearance is still continuing.
24.  The parties submitted various documents with a view to substantiating their claims. These documents, in so far as they are relevant, may be summarised as follows.
25.  The following information appears from documents submitted by the applicant.
26.  On 11 October 1999 the applicant filed a petition with the public prosecutor’s office in Bismil. He requested that the authorities carry out an investigation into the whereabouts of his son.
27.  On 20 October 1999 the applicant lodged further petitions with the public prosecutor’s office at the Diyarbakır State Security Court and the public prosecutor’s office in Diyarbakır. He requested to be informed of his son’s whereabouts. He further requested the Diyarbakır public prosecutor to refer his petition to the regional gendarme command.
28.  On the same day, the applicant filed petitions with the governor’s office of the state of emergency region and the regional gendarme command. In his petitions he stated that his son had been missing for twelve days and requested information.
29.  On 24 and 27 October 1999 the applicant filed petitions concerning his son’s disappearance with the Human Rights Commission of the Turkish Grand National Assembly. In his petitions, the applicant stated that his son had been involved in a fight with a plain-clothes policeman one month prior to his disappearance and that he had since been followed and threatened by the police. The applicant further maintained that he had applied to various authorities but received no response to his petitions. The applicant requested the Human Rights Commission to conduct an investigation into the circumstances of his son’s disappearance.
30.  On 2 November 1999 the head of the Organisation for Human Rights and Solidarity for Oppressed People (Mazlum-Der), Mr Yılmaz Ensaroğlu, petitioned the Ministry of the Interior informing the latter about the disappearance of Mehmet Şah Şeker and requesting that an investigation be conducted.
31.  On 5 November 1999 the applicant lodged a further petition with the Ministry of the Interior and requested to be provided with information.
32.  On 21 December 1999 the chair of the Human Rights Commission of the Turkish Grand National Assembly, Ms Sema Pişkinsüt, sent a letter to Mr Ensaroğlu stating that the Diyarbakır Security Directorate had prepared a form for missing persons with regard to Mehmet Şah Şeker and sent copies of it to the Bismil District Security Directorate.
33.  On 14 October 2004 the applicant filed a petition with the public prosecutor’s office in Diyarbakır and requested information as regards the outcome of the DNA analysis.
34.  On the same day, the Diyarbakır public prosecutor notified him that it could not be established whether or not one of the corpses was his son as there was insufficient DNA in the bones of the corpses and the existing DNA had deteriorated.
35.  The following information appears from documents submitted by the Government.
36.  On 11, 14 and 15 October 1999 two police officers took statements from the applicant, the employer and two colleagues of Mehmet Şah Şeker and his cousin. In his statement, the applicant maintained that he did not suspect anyone regarding his son’s disappearance. Mehmet Şah Şeker’s colleagues and cousin had no information concerning his whereabouts. His employer maintained that, on the day of his disappearance, Mehmet Şah Şeker had gone to a building owned by A.Y., in order to carry out a repair.
37.  On 15 October 1999 the Bismil Security Directorate reported to the Bismil public prosecutor that the investigation into the circumstances of Mehmet Şah Şeker’s disappearance was continuing, but that he could not be found.
38.  On 20 October 1999 the public prosecutor took statements from the applicant concerning the disappearance of his son. In his statement, the applicant maintained that he was told by a number of people that his son had been taken into custody by police officers and later transferred to the Diyarbakır Security Directorate. He further stated that his son might have been abducted by persons who had presented themselves as police officers. He finally requested that the custody records of the security directorate be examined. On the same day, the Diyarbakır public prosecutor sent a letter to the security directorate in Diyarbakır requesting an investigation.
39.  On 10 November 1999 the Diyarbakır Security Directorate reported to the Diyarbakır public prosecutor that the applicant’s son had not been taken into custody.
40.  On 17 November 1999 the Bismil public prosecutor requested the Bismil Security Directorate to inform all security directorates in the country of Mehmet Şah Şeker’s disappearance.
41.  On 22 November 1999 the Bismil Security Director sent a letter to the Bismil public prosecutor stating that the Diyarbakır Security Directorate had been informed of Mehmet Şah Şeker’s disappearance and that a form concerning missing persons had been prepared. He further stated that the search for the applicant’s son was continuing.
42.  On 24 December 1999 the Bismil public prosecutor took statements from the applicant, who maintained that his son was still missing and that he did not know his whereabouts.
43.  On 8 March 2000 the Bismil public prosecutor requested the Security Directorate and the Gendarmerie Command in Bismil to provide the custody records of 8-11 October 1999. According to the copies of these records, the applicant’s son was not in police or gendarme custody during the relevant period.
44.  On 7 July 2000 the Diyarbakır public prosecutor declined jurisdiction ratione loci, holding that the events in question occurred in Bismil. He therefore sent the case file to the Bismil public prosecutor’s office.
45.  On 15 February 2002 the International Law and Foreign Relations Directorate of the Ministry of Justice sent a letter to the public prosecutor’s office in Bismil, requesting the latter to conduct an effective investigation into the disappearance of Mehmet Şah Şeker. The Ministry particularly requested the public prosecutor to obtain statements from others who were in police custody at the time of the disappearance of the applicant’s son and also from those who had allegedly witnessed his abduction. The Ministry further stated that the Hizbullah, an illegal organisation, was responsible for several abductions and disappearances in the region and requested that the investigation be carried out with particular regard to the Hizbullah’s activities. It finally requested that the security forces be invited to give information concerning any developments in the investigation.
46.  On 27 February 2002 the Diyarbakır public prosecutor requested the Anti-Terror Branch of the Diyarbakır Security Directorate to provide the custody records of 9, 10 and 11 October 1999. On the same day, he took statements from the applicant, who maintained his previous declarations. The applicant said that he did not want to give the names of the persons who had informed him about his son’s abduction.
47.  On 8 March 2002 the deputy director of the Anti-Terror Branch of the Diyarbakır Security Directorate sent a copy of the above-mentioned custody records to the Diyarbakır public prosecutor, and informed the latter that a search warrant had been issued for Mehmet Şah Şeker as he was suspected of involvement in Hizbullah activities.
48.  Between March and November 2003 the Diyarbakır public prosecutor took statements from fourteen persons who had been in custody in the Diyarbakır Security Directorate on different dates between 10 and 18 October 1999, and from one person who had been in custody between 7 and 9 October 1999. These fifteen people confirmed that they had not seen Mehmet Şah Şeker in the Diyarbakır Security Directorate on the days in question. Statements of a certain M.Ç. who had been in the Bismil Security Directorate on 10 October 1999 were also taken. He stated that he had not seen the applicant’s son during his custody.
49.  On 30 October 2003 the Bismil public prosecutor took further statements from the applicant who maintained his previous declarations and requested that his son be found.
50.  Between 1999 and 2005 there were communications between the International Law and Foreign Relations Directorate of the Ministry of Justice, the Bismil and Diyarbakır public prosecutors and the security forces. The Ministry of Justice requested information from the public prosecutors as to the outcome of the investigation. The public prosecutors in turn requested the security directorates and gendarmerie commands to provide information as to the outcome of the search for Mehmet Şah Şeker. In reply to these requests, the police and gendarmerie notified the public prosecutors that the missing person could not be found and that the investigation was continuing. The Ministry of Justice was also informed by the public prosecutors of the responses given by the security forces.